29 U.S.C. § 669a — Expanded research on worker health and

Page 182 TITLE 29—LABOR § 669a tion available to him, shall develop criteria dealing with toxic materials and harmful phys- ical agents and substances which will describe exposure levels that are safe for various periods of employment, including but not limited to the exposure levels at which no employee will suffer impaired health or functional capacities or di- minished life expectancy as a result of his work experience. (4) The Secretary of Health and Human Serv- ices shall also conduct special research, experi- ments, and demonstrations relating to occupa- tional safety and health as are necessary to ex- plore new problems, including those created by new technology in occupational safety and health, which may require ameliorative action beyond that which is otherwise provided for in the operating provisions of this chapter. The Secretary of Health and Human Services shall also conduct research into the motivational and behavioral factors relating to the field of occu- pational safety and health. (5) The Secretary of Health and Human Serv- ices, in order to comply with his responsibilities under paragraph (2), and in order to develop needed information regarding potentially toxic substances or harmful physical agents, may pre- scribe regulations requiring employers to meas- ure, record, and make reports on the exposure of employees to substances or physical agents which the Secretary of Health and Human Serv- ices reasonably believes may endanger the health or safety of employees. The Secretary of Health and Human Services also is authorized to establish such programs of medical examina- tions and tests as may be necessary for deter- mining the incidence of occupational illnesses and the susceptibility of employees to such ill- nesses. Nothing in this or any other provision of this chapter shall be deemed to authorize or re- quire medical examination, immunization, or treatment for those who object thereto on reli- gious grounds, except where such is necessary for the protection of the health or safety of oth- ers. Upon the request of any employer who is re- quired to measure and record exposure of em- ployees to substances or physical agents as pro- vided under this subsection, the Secretary of Health and Human Services shall furnish full fi- nancial or other assistance to such employer for the purpose of defraying any additional expense incurred by him in carrying out the measuring and recording as provided in this subsection. (6) The Secretary of Health and Human Serv- ices shall publish within six months of Decem- ber 29, 1970, and thereafter as needed but at least annually a list of all known toxic substances by generic family or other useful grouping, and the concentrations at which such toxicity is known to occur. He shall determine following a written request by any employer or authorized rep- resentative of employees, specifying with rea- sonable particularity the grounds on which the request is made, whether any substance nor- mally found in the place of employment has po- tentially toxic effects in such concentrations as used or found; and shall submit such determina- tion both to employers and affected employees as soon as possible. If the Secretary of Health and Human Services determines that any sub- stance is potentially toxic at the concentrations in which it is used or found in a place of employ- ment, and such substance is not covered by an occupational safety or health standard promul- gated under section 655 of this title, the Sec- retary of Health and Human Services shall im- mediately submit such determination to the Secretary, together with all pertinent criteria. (7) Within two years of December 29, 1970, and annually thereafter the Secretary of Health and Human Services shall conduct and publish in- dustrywide studies of the effect of chronic or low-level exposure to industrial materials, proc- esses, and stresses on the potential for illness, disease, or loss of functional capacity in aging adults. (b) Authority of Secretary of Health and Human Services to make inspections and question employers and employees The Secretary of Health and Human Services is authorized to make inspections and question employers and employees as provided in section 657 of this title in order to carry out his func- tions and responsibilities under this section. (c) Contracting authority of Secretary of Labor; cooperation between Secretary of Labor and Secretary of Health and Human Services The Secretary is authorized to enter into con- tracts, agreements, or other arrangements with appropriate public agencies or private organiza- tions for the purpose of conducting studies re- lating to his responsibilities under this chapter. In carrying out his responsibilities under this subsection, the Secretary shall cooperate with the Secretary of Health and Human Services in order to avoid any duplication of efforts under this section. (d) Dissemination of information to interested parties Information obtained by the Secretary and the Secretary of Health and Human Services under this section shall be disseminated by the Sec- retary to employers and employees and organi- zations thereof. (e) Delegation of functions of Secretary of Health and Human Services to Director of the Na- tional Institute for Occupational Safety and Health The functions of the Secretary of Health and Human Services under this chapter shall, to the extent feasible, be delegated to the Director of the National Institute for Occupational Safety and Health established by section 671 of this title. (Pub. L. 91–596, § 20, Dec. 29, 1970, 84 Stat. 1610; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Edu- cation. § 669a. Expanded research on worker health and safety The Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’), Page 183 TITLE 29—LABOR § 670 acting through the Director of the National In- stitute of Occupational Safety and Health, shall enhance and expand research as deemed appro- priate on the health and safety of workers who are at risk for bioterrorist threats or attacks in the workplace, including research on the health effects of measures taken to treat or protect such workers for diseases or disorders resulting from a bioterrorist threat or attack. Nothing in this section may be construed as establishing new regulatory authority for the Secretary or the Director to issue or modify any occupational safety and health rule or regulation. (Pub. L. 107–188, title I, § 153, June 12, 2002, 116 Stat. 631.) Editorial Notes CODIFICATION Section was enacted as part of the Public Health Se- curity and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Occupational Safety and Health Act of 1970 which comprises this chapter. § 670. Training and employee education (a) Authority of Secretary of Health and Human Services to conduct education and informa- tional programs; consultations The Secretary of Health and Human Services, after consultation with the Secretary and with other appropriate Federal departments and agencies, shall conduct, directly or by grants or contracts (1) education programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter, and (2) infor- mational programs on the importance of and proper use of adequate safety and health equip- ment. (b) Authority of Secretary of Labor to conduct short-term training of personnel The Secretary is also authorized to conduct, directly or by grants or contracts, short-term training of personnel engaged in work related to his responsibilities under this chapter. (c) Authority of Secretary of Labor to establish and supervise education and training pro- grams and consult and advise interested par- ties The Secretary, in consultation with the Sec- retary of Health and Human Services, shall (1) provide for the establishment and supervision of programs for the education and training of em- ployers and employees in the recognition, avoid- ance, and prevention of unsafe or unhealthful working conditions in employments covered by this chapter, and (2) consult with and advise em- ployers and employees, and organizations rep- resenting employers and employees as to effec- tive means of preventing occupational injuries and illnesses. (d) Compliance assistance program (1) The Secretary shall establish and support cooperative agreements with the States under which employers subject to this chapter may consult with State personnel with respect to— (A) the application of occupational safety and health requirements under this chapter or under State plans approved under section 667 of this title; and (B) voluntary efforts that employers may undertake to establish and maintain safe and healthful employment and places of employ- ment. Such agreements may provide, as a condition of receiving funds under such agreements, for con- tributions by States towards meeting the costs of such agreements. (2) Pursuant to such agreements the State shall provide on-site consultation at the em- ployer’s worksite to employers who request such assistance. The State may also provide other education and training programs for employers and employees in the State. The State shall en- sure that on-site consultations conducted pursu- ant to such agreements include provision for the participation by employees. (3) Activities under this subsection shall be conducted independently of any enforcement ac- tivity. If an employer fails to take immediate action to eliminate employee exposure to an im- minent danger identified in a consultation or fails to correct a serious hazard so identified within a reasonable time, a report shall be made to the appropriate enforcement authority for such action as is appropriate. (4) The Secretary shall, by regulation after no- tice and opportunity for comment, establish rules under which an employer— (A) which requests and undergoes an on-site consultative visit provided under this sub- section; (B) which corrects the hazards that have been identified during the visit within the time frames established by the State and agrees to request a subsequent consultative visit if major changes in working conditions or work processes occur which introduce new hazards in the workplace; and (C) which is implementing procedures for regularly identifying and preventing hazards regulated under this chapter and maintains appropriate involvement of, and training for, management and non-management employees in achieving safe and healthful working condi- tions, may be exempt from an inspection (except an in- spection requested under section 657(f) of this title or an inspection to determine the cause of a workplace accident which resulted in the death of one or more employees or hospitaliza- tion for three or more employees) for a period of 1 year from the closing of the consultative visit. (5) A State shall provide worksite consulta- tions under paragraph (2) at the request of an employer. Priority in scheduling such consulta- tions shall be assigned to requests from small businesses which are in higher hazard industries or have the most hazardous conditions at issue in the request. (Pub. L. 91–596, § 21, Dec. 29, 1970, 84 Stat. 1612; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 105–197, § 2, July 16, 1998, 112 Stat. 638.) Editorial Notes AMENDMENTS 1998—Subsec. (d). Pub. L. 105–197 added subsec. (d).